FOURTH SECTION
DECISION
Application no. 6606/13
Mirela QIRJAKO
against Albania
The European Court of Human Rights (Fourth Section), sitting on 19 May 2015 as a Committee composed of:
Paul Mahoney, President,
Ledi Bianku,
Krzysztof Wojtyczek, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 17 July 2013,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Ms Mirela Qirjako, is an Albanian national, who was born in 1968 and lives in Korcë, Albania.
The Albanian Government (“the Government”) were represented by their Agent, Mrs Alma Hicka of the State Advocate’s Office.
The applicant complained under Article 6 § 1 of the Convention about the delayed enforcement of a final court decision ordering her employer to pay her damages as a result of unfair dismissal from work.
On 8 September 2014 the Court decided to give notice to the Government of the applicant’s complaint.
On 19 September 2014 the Court sent a letter to the applicant informing her about the communication of the case to the Government.
On 14 November 2014 the Government submitted a letter informing the Court that they would set out their position on the question of a friendly settlement of the case by 15 January 2015. The letter was forwarded to the applicant for information on 24 November 2014.
On 21 January and 13 March 2015, the Court’s letters of 19 September and 24 November 2014 were returned to the Court’s registry unread. According to the receipt slips the applicant had changed her address (“larguar”). No information has been received from the applicant regarding any change of address, the applicant’s last communication with the Court being dated 3 January 2014.
THE LAW
The applicant moved to a different address without informing the Court accordingly, thus making it impossible for the Court to contact her and for herself to participate effectively in the proceedings.
Article 37 of the Convention, in its relevant part, provides as follows:
“1. The Court may at any stage of the proceedings decide to strike an application out of its list of cases where the circumstances lead to the conclusion that
(a) the applicant does not intend to pursue his application; or
(b) the matter has been resolved; or
(c) for any other reason established by the Court, it is no longer justified to continue the examination of the application ...”
The Court considers that, in these circumstances, the applicant may be regarded as no longer wishing to pursue her application, within the meaning of Article 37 § 1 (a) of the Convention. Furthermore, in accordance with Article 37 § 1 in fine, the Court finds no special circumstances regarding respect for human rights as defined in the Convention and its Protocols which require the continued examination of the case.
In view of the above, it is appropriate to strike the case out of the list.
For these reasons, the Court, unanimously,
Decides to strike the application out of its list of cases.
Done in English and notified in writing on 11 June 2015.
Fatoş AracıPaul Mahoney
Deputy RegistrarPresident
Full & Egal Universal Law Academy